In my previous post about estate planning and divorce I spoke on issues relating to custody and guardianship, re-marriage and beneficiary designations. This week I am going to talk about about the impact of divorce on your Health Care Proxy, Power of Attorney, Will and Trust.

Married couples typically direct most of their assets at death to or for the benefict of each other, either through their wills, trusts or by joint tenancy. Massachusetts law provides that divorce automatically revokes any provisions for the distribution of property to an ex-spouse under a person's will, trust, joint ownership of property, or by beneficiary designation, e.g. life insurance or IRAs.  Unless the contingent beneficiaries are named, property might be distributed under the state intestacy law. Furthermore, property that was formerly jointly owned, would now be subject to probate at death.

Many married couples will name each other as their executor under their Wills, the Trustee of the Trust, and the agent under the Durable Power of Attorney and Health Care Proxy. Under Massachusetts law, when a divorce decree is entered, any appointment of an ex-spouse as Trustee, Executor or Agent is revoked. Therefore it is possible that a recently divorced person may not have a fiduciary in place who can make medical or financial decisions in an emergency. In addition to updating your estate planning documents it is important to make sure that your physician and family members can access those documents under the necessary circumstances.